It has been vehemently submitted by Mr. It is not for courts to pronounce upon it unless exaggerated weight has been given with proven or obvious oblique motives. The board has developed and introduced various reforms in the conduct of postgraduate and postdoctoral examinations keeping in view the purpose and process of evaluation. The scheme of the examination also shows that the viva voce examination is not restricted to an interview of a few minutes as is so in the case of interviews held for entrance and selection proposed or for the purposes of making admissions, appointments and promotions. Students receive a monthly stipend ranging from INR 20, to 75, during their training. The same also is devoid of any statutory force and has been carved out by the respondents for no good reason.

The statutory provisions contending claiming of privilege are to be found in Sections and of the Indian Evidence Act, which read thus:. Singh, learned Counsel that the candidates who undergo the M. It is trite that privilege cannot be claimed in any situation at the whim of the authority concerned. Thereafter a candidate is allowed to appear for a practical examination in terms of Clause 6. State of Maharashtra v.

Open in a separate window. Stafus of Rajasthan that the object of any process of selection for entry into public service is to secure the best and the most suitable person for the job, avoiding patronage and favoritism. Such ability has to be assessed while the student is working on the patient itself.

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It appears that thereby a dual system of awarding post-graduate degrees thesiw created, one being the post-graduate degree granted by various universities duly recognised by the Medical Council of India and the second one being the degree at the post-graduate level titled the ‘Diplomate of the National Board’ DNB for short granted by the respondent No.

The present petitioner also makes a challenge to the refusal of the respondent No. Selection based on merit, tested impartially and objectively, is the essential foundation of any useful and efficient public service.

The court also observed that it is in public interest that the results of public examination theesis published should have some finality attached to them.

Not it is true that no record of questions and answers asked and given at the M. Inasmuch as no such issue has been raised by thesie petitioner in this petition, this question is not being considered or answered in the present judgment and is left open for consideration in appropriate proceedings.


The examiners in three of the practical examinations taken by the petitioner included the following:.

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Reliance is placed on certain judgments and orders passed by this Court in matters where candidates had sought disclosure of their marks which relief was not granted. Mwas begun in by Dr. The Supreme Court explained the earlier judgment thus:. Such directions would necessarily prove detrimental to the efficient management of the education Re: Author information Copyright and License information Disclaimer.

All that we have said above is only to supplement wht has been said in Ajay Hasia’s case and in the case of Lila Dhar v. The Kothari Committee also suggested that in view of the obvious importance of the subject, it may be examined in detail by the Research Unit of the Union Public Service Commission.

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To quote the words of Chinnappa Reddy,J. It also must be remembered that the best oral interview provides opportunity for analysis of only a very small part of a person’s total behavior. State of Tamilnaduthe court held that in the matter of admission to a college or even in the matter of promotion, the oral interview test as presently held should not be relied upon as an exclusive test, but it may be resorted to only as an additional or supplementary test and, moreover, great care should be taken to see that persons who are appointed to conduct the interview test are men of high integrity, calibre and qualification.

The High Court has dealt with this submission and has pointed out that no had and fast rule can be evolved in this behalf because much would depend on the requirement for each post and the level of the post. By Regulationthe Board had provided the method of verification of marks obtained by a candidate in a subject. Course, for example, candidates may have to be consummately interviewed, each of them for a few hours, perhaps, before any decision can be taken as to who may be admitted.


Again the court is theesis the best judge of thrsis questions may be asked at the interview.

Further observations in this regard were made in Mr. This enactment nayboard a statutory recognition of the requirement to promote openness, transparency and accountability in administration and in relation to matters connected therewith or incidental thereto.

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For this reason, the petitioner cannot be permitted to raise a challenge to the result thereof only on the ground that the scheme of the examination postulated unwarrantedly high percentage of marks to be awarded to the candidate’s in the viva voce and the interview or that she was a good student with a good academic record and therefore it was not possible that she did not pass the examination.

Certainly, the present case does not fall within any of the contingencies in which the respondents could have claimed privilege over the stahus of the information.

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Dedicated laboratory endocrinology postings are a part of the DM training schedule as well. Examination held from 26th April, to 29th April, at the Chandigarh Centre: Adopting such a course as was done by the learned single judge will give rise to practical problems. The petitioner has contended that prior to the yearthe proficiency and standard of medical education at the post-graduate level was laid down by the Medical Council of India.

The Apex Court has noticed that such a distinction has to be considered and the importance given to an interview cannot be termed as arbitrary or violative of Article 14 or 16 of the Constitution in every case.

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Apart from ESI — sponsored events, other organizations also run programs for endocrine trainees. Kamla Ganesh; ii Dr. It is argued that the orals which have met with the approval of the Courts have to be fool-proof such as those in Kaushal Kumar Gupta AIR SC supra natbord not like the one figuring in this case.

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